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U.S. v. BUCHANAN

United States District Court, N.D. Illinois


January 10, 2005.

United States
v.
Buchanan.

The opinion of the court was delivered by: PHILIP REINHARD, District Judge

MEMORANDUM OPINION AND ORDER

Milton E. Buchanan, a federal prisoner, has filed a motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. Amendment 591. Amendment 591 does not apply to Buchanan as the subject matter of the amendment relates to Guideline § 2D1.2-a section not applied in Buchanan's sentencing.

While Buchanan's motion also refers in a footnote to Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 124 S. Ct. 2531 (2004), he expressly states in that footnote that he "only brings these cases to the court's attention in an effort to explain his layman's interpretation of amendment 591, and nothing more." To the extent the reference to Apprendi and Blakely could be read as a separate claim, such a claim could only be brought via 28 U.S.C. § 2255, which would be improper in Buchanan's case as a successive § 2255 motion.

  For the foregoing reasons, the court denies Buchanan's motion in its entirety.

20050110

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